The city has a "general ban" in place that says businesses that "violate federal, state or local laws" can't operate in the city, City Attorney Aaron Harp said. That applies to medical-marijuana facilities, he said. But in light of the state court's decision, the city could make its effective ban more specific, if city leaders choose to do that, he said.

Laguna Niguel’s pot shop waits for a verdict

In May, the California Supreme Court said in a unanimous opinion that cities and counties can ban pot shops by using their land use and zoning powers. In Laguna Niguel, the dispensary Suite A Laguna Health remains open despite an ongoing lawsuit relating to the city’s pot shop ban.

The high court’s decision will likely play a major role during the jury trial for the city’s case against Suite A, set to begin July 22. The trial date, originally slated for last year, was postponed to wait for the Supreme Court’s decision.

His shop, Suite A Laguna Health, has been involved in a lawsuit with the city since 2010. Laguna Niguel has alleged a violation of an ordinance that bans dispensaries in all zones.

Bolding's business is also involved in litigation with the federal Drug Enforcement Administration, which he says raided his shop at the corner of Crown Valley Parkway and Niguel Road about three weeks ago. His landlord wants him out, too.

Suite A Laguna Health is now believed to be the last storefront operation in south Orange County, where there were once dozens of pot shops.

"I'm just really trying to keep my doors open," Bolding said Friday, adding that he tries not to think of the legal trouble he's in. "I stay because I'm not a criminal, and I'm not doing anything wrong."

Laguna Niguel made its ban on medical marijuana dispensaries official in 2011, which cemented interim measures that had prohibited sales of the drug from storefronts since 2009. Concerns raised by city officials at the time included the potential financial burden on the city to regulate and monitor dispensaries, and continuing inconsistency in state and federal laws that regulate the drug.

Since 1996, California has allowed marijuana possession for medical needs under the Compassionate Use Act. Under federal law, however, it continues to be illegal.

Other cities across Orange County have taken up similar stances to Laguna Niguel's against pot shops.

A jury trial for the city's case, originally scheduled for last year, is now set for July 22. City Attorney Terry Dixon said the delay was due to Superior Court Judge Andrew Banks, who wanted to wait for the ruling on a state Supreme Court case in May. The ruling said California cities and counties can ban pot shops through their land-use and zoning powers.

"We have an open issue about (Suite A) not having a permit to be where they are," Mayor Robert Ming said in a recent interview. "We need to resolve that issue first, then we can try to figure out a solution," for people who need medical marijuana.

STAYING OPEN

A steady stream of patients comes into Suite A on a recent Friday afternoon. There's an even mix of young and old; several men and women who look to be in their 20s trickle through, though one woman appears to be in her 60s, with another perhaps in her late 50s.

A male receptionist who did not give his name greets them. Some fill out paperwork in the entryway on tan couches. There's red carpet and a few indoor plants.

The marijuana itself is in a separate room, behind a door that is unlocked for each individual customer. Inside is a glass display case containing the drug, as well as a fish tank and two TVs playing ESPN 2.

Sheriff's Lt. Andy Ferguson, Laguna Niguel's chief of police services, said Suite A has mostly stayed off his radar, especially compared with a former Forbes Road dispensary, where shots were fired during an attempted robbery in 2008. He said his department occasionally makes drug arrests in the area.

Councilwoman Linda Lindholm has continually voiced concern over local youths possibly getting access to the dispensary's marijuana. She has pointed to local school officials who cite medical marijuana as a problem, and the growing popularity of e-cigarettes for high school students, who can smoke THC – the active ingredient in marijuana – inside the devices.

"What they should do is just close on their own," Lindholm said of Suite A. "That would be a good move."

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